The court also ruled that given the specifics of this case, the original employer’s list of the prospective travelling nurses was not a bona-fide trade secret. December; Novmeber; October; September; August; For employment law updates for other states, visit our. (This is over and above any California state law right to Family Medical Leave.) Labor Commissioner’s Office FAQs – Employee leave options, compensation, and salary. The government’s ‘Good work plan’, published in December 2018, made a commitment to increase the penalties for employers that repeatedly breach their employment law obligations. The information located on our site is general and not intended to provide specific employment law advice. S. Ct. 2019) In the most recent … This webinar will give all the tools necessary to make sure you are in compliance with California state requirements for your employees. Department of Fair Employment and Housing – Job protection and employment discrimination. Here is installment #24 of our ongoing series of COVID-related posts of interest to California employers. So, you may be able to get away with a 10-day quarantine, although there is a small increased risk of infection. This is our year-end assessment of the most important developments for California employers. The EDD Strike Team established by Governor Gavin Newsom provided recommendations and solutions … Sexual Harassment Offenders – AB 224 amends the California Civil Code to expand the types of relationships that can give rise to a claim of sexual harassment. Select California employment requirements are summarized below to help an employer understand the range of employment laws … Settlement of Sexual Harassment Claims – SB 820 prohibits a settlement agreement entered into on or after 1/1/19 from containing language that would prevent the disclosure of factual information related to sexual harassment, sexual assault, or sex discrimination. Contractor Liability – Last year, AB 1701 made certain general contractors liable for unpaid wages and fringe benefits by subcontractors. The employees in this case were recruiters who recruited travelling nurses to work for their employer who provides temporary healthcare professionals to their clients. Introduction to Employment Law in California. Medical information related to administering the vaccines and obtaining information to do so must be kept confidential. Each day, California employers look to CalChamber and HRCalifornia for advice about pressing California employment laws and HR issues, such as sexual harassment and employee compensation law. A number of important new California employment laws took effect in 2018. California employment laws are constantly evolving, making it a challenge for companies doing business in the Golden State to keep up with recent developments and remain compliant. Home > Coronavirus > California Labor Commissioner’s Office Releases FAQ Memo on Coronavirus. This continues the tide of new employee-friendly laws in the Golden State. Employers are prohibited from requiring employees to sign a release of claim or any right under FEHA in exchange for a raise, a bonus, or continuing employment. 1. Through the HRCalifornia website, we help our … The use of a temporary location will only be allowed if the employer: 1. is unable to provide a permanent location due to operational, financial, or space limitations; 2. the temporary location is private and free from intrusion while the employee is using it; and 3. the temporary location is only used for lactation purposes while the employee is expressing milk. Also keep in mind that close to 20 different cities and other municipalities in California have their own minimum wage ordinances. The DFEH has recently published a frequently asked questions page clarifying some questions about SB 973. Seasonal, temporary, or any other worker hired to work for less than 6 months must be trained within 30 calendar days of beginning work or within 100 hours worked, whichever occurs first. If an employer can prove that complying with these new requirements represents an undue hardship for their company, the employer may still be able to provide a location that is something other than a toilet stall (such as a bathroom). It still allows for a provision that precludes disclosure of the amount of the settlement paid. Historically, federal courts have found it appropriate for employers to not pay wages for small amounts of time that are difficult to record – up to a total of 15 minutes per day. HMRC has confirmed in a bulletin that employees who were on the payroll on 23 September 2020 and who were made redundant or stopped working for the employer afterwards will qualify for the scheme if the employer re-employs them. The new ABC test makes it even harder than it was before to treat people as independent contractors. What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws” (, AB 2257 – CA’s “Improved” Independent Contractor Law, Explained, A Few Quick Employment Law Updates (Moderately California-Related), California Supreme Court Expands Potential Unruh Civil Rights Act Claims Against Online Businesses. Labor & Employment Law Section Executive Committee 2013-2014 McLe Self-Study: Origins and Development of California's Prevailing Wage Requirements and Enforcement Mechanisms* Wage and Hour Update Each year, employers await the new changes that our legislators make in the area of employment law which impact the way we do business in California. Now, the California Department of Public Health has issued new guidance to local health departments. YouTube Spotify RSS Twitter LinkedIn Facebook Instagram VISIT OUR WEBSITE. Labor and Workforce Development Agency – Resources for employers and workers including workers’ compensation and paid sick leave. The Executive Order only suspends the California WARN Act’s 60-day notice requirement for those employers that satisfy the Order’s specific conditions. For more information, contact us at Info@VantaggioHR.com or call 1-877-VHR-relx (1-877- 847-7359). Newsroom. For … Our PeopleServicesTraining CalendarPublicationsNewsContact UsOur ClientsCareersBlogDisclaimer. For more information on exemptions, see Vantaggio’s Info Bulletins Exempt vs. Non-Exempt and Special Exemptions. The agency updated its guidance called “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws” (here). But before changing policies to shorten the quarantine period, employers must carefully review local ordinances, the nature of the particular business, any specific orders affecting the industry, the type of business and risks of infections, and evaluate whether their mitigation strategies in place will allow for reducing the quarantine time safely. SB 1412 amends existing law in order to tighten this exception to only apply in situations where the employer is not permitted to hire someone with a “particular conviction.” As such, for those employers required to do a pre-employment criminal history check, they may only consider these “particular convictions” when making a hiring decision. Basically, this memo is saying that it’s really hard to require 14-day quarantines (and it is). California Employment Law Overview. Similarly, an employer cannot require employees to sign a non-disparagement agreement or non-disclosure agreement under the same conditions. November 1 – The City of San Jose announces it minimum wage for 2016. Fisher Phillips labor and employment lawyers are ready to help you take a stand in matters of wage and hour law, immigration, employee benefits, data security, union avoidance, and much more. A Few Quick Employment Law Updates (Moderately California-Related) Join Our Mailing List. Subscribe to update. Additionally, we have new Lactation Accommodation rules, clarification about inquiries regarding Salary Expectations from candidates; and a ground-breaking new requirement for business to install Female Corporate Board Members. Employers with 5 or more employees will now be required to train all California employees at least bi-annually. Due to popular demand, my firm is replying our webinar we conducted recently discussing key California employment laws … In order to be exempt from overtime, an employee must have job responsibilities that meet certain legal requirements and must generally be paid a salary that is at least twice minimum wage for the equivalent of full time work. IRS Mileage – The IRS updated the standard mileage rate for 2019 for use of an employee’s automobile – it’s now 58.00 cents per mile (up from 54.5 cents). Female Members of Boards of Directors – SB 826 provides for the mandatory inclusion of women on corporate boards of directors. SB 1252 clarifies that if requested, the employer must provide copies of the documents to the employee (as opposed to requiring the employee to make the copies him/herself) but may charge the employee for the cost of doing so. Sexual Harassment Prevention Training – SB 1343 expands the requirements for mandated sexual harassment training for California employers. The EDD Media Services office provides the latest news releases and information for English- and Spanish-language media. De Minimum Timekeeping – In another significant ruling last year, the California Supreme Court, in Troester v. Starbucks, rejected the long-standing “de minimus” timekeeping rule. Need info about California's employment and labor laws? Agricultural employers will be permitted to use a private, enclosed, shaded space such as an air- conditioned cab or a truck or tractor. The latest litigation trends, court decisions, & issues on California Employment Law. On September 9, 2020 Governor Newsom signed AB 1867 into law, giving California employers just 10 days to implement new COVID-19 Supplemental Paid Sick Leave statewide. Fair Employment and Housing Act (FEHA) Amendments – SB 1300 amends the CA FEHA in a number of ways that will have a significant impact on how sexual harassment claims are litigated. But but … Cal-OSHA just issued regulations requiring a 14-day exclusion / quarantine period. Home > California Labor & Employment Law > California Employment Law Notes. You should consult with an attorney, and not rely on any information contained herein regarding your specific situation. Employment Resources . Additionally, employers were prohibited from seeking salary history either orally or in writing from an applicant. Four of these recruiters left the company and went to work for a competitor firm where they then began recruiting some of the same travelling nurses. Posters – If you need to order new 2019 combined federal and state poster sets, please contact us at Info@VantaggioHR.com or call 1-877-VHR-relx (1-877-847-7359). By Anthony Zaller on October 9, 2020. For more information, please see Vantaggio’s article How California’s New ABC Test Impact Employers. As the EEOC notes, a failure to obtain a vaccine could result in exclusion from the workplace but not necessarily discharge. We covered that here. Paid Family Leave – SB 1123 expands the scope of the current California family disability insurance program which provides wage replacement benefits to employees who need to take time off from work to care for family members. California Employment Law Update. Previously, only employers with 50 or more employees were required to provide the training. EEOC Weighs in on Mandatory COVID Vaccines. Workplace & Employment Law Update (WELU) For over 70 years, California companies have relied on Employers Group’s annual one-day Workplace & Employment Law Update (WELU). All of the new laws are effective on Jan. 1, 2017, unless otherwise noted. The latest litigation trends, court decisions, & issues on California Employment Law. None. December 2015. California Supreme Court Invalidates Agreement To Arbitrate Wage Disputes. Labor & Employment Law Section Executive Committee 2013-2014 McLe Self-Study: Origins and Development of California's Prevailing Wage Requirements and Enforcement Mechanisms* Wage and Hour Update So, that means an employer has to establish “undue hardship” or “direct threat.” An employer may enforce a general requirement even if an employee has a disability that would preclude taking the vaccine if the employer can establish the “direct threat” defense to reasonable accommodation. It further clarified that an employer is authorized to make compensation decisions based on an employee’s current salary, should the employee reveal that information voluntarily, so long as any resulting wage differential is justified by factors such an existing seniority or merit system. As such, individuals such as doctors, therapists, attorneys, real estate agents, landlords, teachers, elected officials, lobbyists, directors, and producers (amongst others) may now be found liable for sexual harassment. For media inquiries, contact us at 916-654-9029 or by email.. To request information through the Public Records Act, visit Public Records Request.. 2015. Prior to 1/1/20, supervisors and managers will still be required to attend 2 hours of training and non-supervisory staff 1 hour. Asking certain questions also may implicate the Genetic Information Nondiscrimination Act of 2008. We are trying to make it easier and spread awareness through this centralized source of info. And remember, relax™ ‐ We Take the Stress out of HR! Labor & Employment Law Section Executive Committee 2013-2014 McLe Self-Study: Origins and Development of California's Prevailing Wage Requirements and Enforcement Mechanisms* Wage and Hour Update “Local health jurisdictions may be more restrictive than the above guidance.”. A new law in California requires employers with five or more employees to provide sexual harassment training to their employees by January 1, 2020, and then every two years after that. Scroll down to section “K” of the guidance for a discussion of vaccinations. Are you ready for the increase in minimum wage? New California Employment Laws – The following is a description of most of the more impactful (but not all) new employment laws that unless otherwise stated, went into effect on 1/1/19: Minimum Wage and Exemptions – Although SB 3 passed in 2016, effective 1/1/19, we had our next scheduled minimum wage increase. 3. The Executive Order does not suspend the California WARN Act in its entirety, nor does it suspend the law for all covered employers. 2. We can even provide a complete HR audit for your company. The guidance discusses this issue. Human Trafficking – SB 2034 requires businesses that operate intercity rail, light rail, or bus stations to provide 20 minutes of training by 1/1/21 to new and existing employees who may come into contact with victims of human trafficking. 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